Delhi
Dhaula Kuan Flyover
,
Dhaula Kuan
,
South West District
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Beautification drive in Dhaula Kuan renders several families homeless in Delhi
Reported by
Asmi Sharma
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
80
Households affected
People Affected
2022
Year started
Land area affected
80
Households affected
People Affected
2022
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

On 13 May 2023, a demolition drive carried out by the Public Works Department (PWD) near the Dhaula Kuan Flyover in New Delhi left hundreds of people homeless.

The PWD conducted the operation to remove illegal occupations and structures in the area. The houses were demolished in a three-hour operation that began at 6 am.

According to documents submitted by the PWD to the Delhi High Court, approximately 80 houses were identified for demolition, other estimates put this figure at 130-150. The residents, many of whom are daily wage workers, claim to have been residing in the area for the past 20 years and possess various forms of identification, such as Aadhaar cards, Voter IDs, electricity bills, to support their claims of residence.

According to residents, since 2022, PWD officials have been regularly visiting the area to verbally notify the residents regarding the identification of their colony for an upcoming demolition. However, the first official notice was only issued by PWD on 26 December 2022, instructing approximately 125 houses to vacate the land in 15 days.

In response, the protests were held following which residents approached various ministers and officials in the Delhi Government. Taking note of their protests, Delhi Deputy Chief Minister, Manish Sisodia intervened on January 9, 2023, and issued a directive to PWD to withdraw the demolition notice, citing the severe winter and inhumane conditions under which the residents were asked to vacate.  

Simultaneously, a writ was filed in the Delhi High Court, seeking a stay on the demolitions. However, the court, which heard the matter on 13 January 2023, did not grant a stay but directed the PWD to stop the demolitions until temporary alternative accommodation was provided to the residents. The court also ordered the PWD to make these arrangements within three months, after which the residents would have to find their own accommodation.

Additionally, the court mandated that a five-day notice be given to the residents to facilitate the relocation of their belongings before commencing the demolitions. The court refused to intervene regarding the issue of rehabilitation, placing the burden on the residents to determine their eligibility with the Delhi Urban Shelter Improvement Board (DUSIB) based on the Rehabilitation and Relocation Policy of 2015.

In spite of Manish Sisodia's directive to retract the demolition notice, on 28 January 2023, the PWD issued a subsequent notice. This new notice mandated residents to evict their homes by February 3 and relocate to temporary shelters designated by DUSIB.

This led to nineteen families approaching the High Court separately to seek an injunction against the demolitions due to the ongoing school examinations of several children, which were scheduled until February 20, 2023. Consequently, the court granted a temporary stay until 21 February, which was later extended to 20 April.

The demolitions took place on 13 May 2023 without any prior warning or official notice, residents claimed.** **The arrival of the bulldozers early in the morning caught the residents off guard, and only a few families were able to salvage their belongings.

According to documents submitted by PWD in court, temporary arrangements had been made at a temporary shelter in Naraina, although some residents claimed that the police had informed them to move to temporary shelters near Dwarka at the time of demolition.

The demolitions in Dhaula Kuan form part of a series of ongoing demolitions occurring throughout Delhi, aimed at the beautification process preceding the G-20 summit. A day before the demolition, on 12 May 2023, the PWD closed the tender for the beautification of the area surrounding Dhaula Kuan and the route leading to the airport. The area where the demolished jhuggis were situated is also a part of the designated zones planned for beautification.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Asmi Sharma

Delhi

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Beautification drive in Dhaula Kuan renders several families homeless in Delhi

Reported by

Asmi Sharma

Legal Review by

Anmol Gupta

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

July 3, 2023

July 5, 2023

Edited on

July 3, 2023

Sector

Infrastructure

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Starting Year

2022

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

80

People Affected by Conflict

State

Delhi

Sector

Infrastructure

People Affected by Conflict

Households Affected by Conflict

80

Land Area Affected (in Hectares)

ha

Starting Year

2022

Location of Conflict

Dhaula Kuan

Dhaula Kuan Flyover

South West District

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Land Conflict Summary

On 13 May 2023, a demolition drive carried out by the Public Works Department (PWD) near the Dhaula Kuan Flyover in New Delhi left hundreds of people homeless.

The PWD conducted the operation to remove illegal occupations and structures in the area. The houses were demolished in a three-hour operation that began at 6 am.

According to documents submitted by the PWD to the Delhi High Court, approximately 80 houses were identified for demolition, other estimates put this figure at 130-150. The residents, many of whom are daily wage workers, claim to have been residing in the area for the past 20 years and possess various forms of identification, such as Aadhaar cards, Voter IDs, electricity bills, to support their claims of residence.

According to residents, since 2022, PWD officials have been regularly visiting the area to verbally notify the residents regarding the identification of their colony for an upcoming demolition. However, the first official notice was only issued by PWD on 26 December 2022, instructing approximately 125 houses to vacate the land in 15 days.

In response, the protests were held following which residents approached various ministers and officials in the Delhi Government. Taking note of their protests, Delhi Deputy Chief Minister, Manish Sisodia intervened on January 9, 2023, and issued a directive to PWD to withdraw the demolition notice, citing the severe winter and inhumane conditions under which the residents were asked to vacate.  

Simultaneously, a writ was filed in the Delhi High Court, seeking a stay on the demolitions. However, the court, which heard the matter on 13 January 2023, did not grant a stay but directed the PWD to stop the demolitions until temporary alternative accommodation was provided to the residents. The court also ordered the PWD to make these arrangements within three months, after which the residents would have to find their own accommodation.

Additionally, the court mandated that a five-day notice be given to the residents to facilitate the relocation of their belongings before commencing the demolitions. The court refused to intervene regarding the issue of rehabilitation, placing the burden on the residents to determine their eligibility with the Delhi Urban Shelter Improvement Board (DUSIB) based on the Rehabilitation and Relocation Policy of 2015.

In spite of Manish Sisodia's directive to retract the demolition notice, on 28 January 2023, the PWD issued a subsequent notice. This new notice mandated residents to evict their homes by February 3 and relocate to temporary shelters designated by DUSIB.

This led to nineteen families approaching the High Court separately to seek an injunction against the demolitions due to the ongoing school examinations of several children, which were scheduled until February 20, 2023. Consequently, the court granted a temporary stay until 21 February, which was later extended to 20 April.

The demolitions took place on 13 May 2023 without any prior warning or official notice, residents claimed.** **The arrival of the bulldozers early in the morning caught the residents off guard, and only a few families were able to salvage their belongings.

According to documents submitted by PWD in court, temporary arrangements had been made at a temporary shelter in Naraina, although some residents claimed that the police had informed them to move to temporary shelters near Dwarka at the time of demolition.

The demolitions in Dhaula Kuan form part of a series of ongoing demolitions occurring throughout Delhi, aimed at the beautification process preceding the G-20 summit. A day before the demolition, on 12 May 2023, the PWD closed the tender for the beautification of the area surrounding Dhaula Kuan and the route leading to the airport. The area where the demolished jhuggis were situated is also a part of the designated zones planned for beautification.

Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Type of Common Land

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Delhi Urban Shelter Improvement Board Act, 2010
Section 2 [The Delhi Urban Shelter Improvement Board has the power to notify Jhuggi Jhopri Bastis by notification] Section 9 [The Delhi Urban Shelter Improvement Board has the power to make a survey of any Jhuggi Jhopri Basti. The aim of these surveys is ascertaining the number of residents as well as health, sanitation and civic amenities] Section 12 [The Board has the power to make schemes for collective community rehabilitation for residents of Jhuggi Jhopri Bastis affected by redevelopment]
Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015
Section 2 [Jhuggis which have come up before 2015 to not be demolished without providing alternate housing. DUSIB to provide alternate housing on the same land or within a radius of 5 km]
Public Premises (Eviction of Unauthorised Occupants) Act, 1971
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others
Report of the Special Rapporteur on Adequate Housing, A/HRC/RES/43/14, dated July 6, 2020
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others
Sudama Singh v. Deepak Mohan Spolia (C.A. No(s). 21806-21807/2017, Supreme Court)
The Delhi High Court in the case had directed that before any eviction, the relevant authority must identify evictees eligible for relocation and rehabilitation. The state authorities must also ensure that basic civic liberties are ensured at the site of relocation. The Supreme Court confirmed this decision and stated that the directions passed in the High Court judgment must be complied with precisely.
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  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

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  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

No

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Forced evictions/dispossession of land

Non-consultation with stakeholders

Non-rehabilitation of displaced people

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Delhi High Court

Case Number

W.P.(C) 412/2023

Main Reasoning/Decision of court

A petition was filed by 24 jhuggi dwellers seeking protection against the demolition notices in December 2022 before the Delhi High Court. The High Court disposed of the matter on January 13, 2023. The Public Works Department stated that alternative accommodation for 80 jhuggis had been identified near Naraina for temporary relocation. The Court stated that considering the winter conditions at the time, the petitioners would not be evicted until they are able to shift to the identified location. Further, at least 5 days would be given to the petitioners to shift their belongings.

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Public Works Department, Delhi Urban Shelter Improvement Board

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

Mazdoor Awaas Sangharsh Committee

Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

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